LAWS(PAT)-2016-6-138

MANOJ HALWAI S/O LATE RAJ HALWAI RESIDENT OF MARWARI TOLA, NATHNAGAR, P.O. AND P.S. Vs. THE STATE OF BIHAR

Decided On June 13, 2016
Manoj Halwai S/O Late Raj Halwai Resident Of Marwari Tola, Nathnagar, P.O. And P.S. Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) As none appears on behalf of sole appellant, at the request of Court, Miss Nickey Singh, learned counsel volunteered herself to assist the Court as an Amicus Curiae and is being appreciated accordingly.

(2.) The sole appellant Manoj Halwai who has been found guilty for an offence punishable under Sections 302, 201, 498A of the Penal Code vide judgment dated 30.10.2013 and has been sentenced to undergo RI for life, RI for five years, RI for three years respectively vide order of sentence dated 03.08.2013 by Additional Sessions Judge, Sheikhpura in Sessions Trial No. 883/2012 challenged the verdict under present appeal.

(3.) PW-1 Naresh Halwai gave his written report on 21.06.2012 stating therein that his daughter Anita Devi @ Gudia (deceased) was married to Manoj Halwai about eight years ago. She was subjected to cruelty after marriage by the accused forcing her to bring money, fridge and other items from her Naiher and during said course, the brothers and sisters of Manoj Halwai were provoking. At about six years ago, he had handed over Rs. 15,000.00 and in the aforesaid background, his daughter was allowed to live peacefully for a year. Again, she was being tortured and to ward off the same, he had paid Rs. 20,000.00. Now-a-days, she was being regularly tortured. She was forced to leave her Sasural. He had also gone there and a Panchayat was held wherein accused had undertaken not to torture. However, his activities continued. He had demanded money to purchase land over which he had paid Rs. 1 Lakh after selling ornaments of his daughter.